Fisk Electric Co. v. Constructors & Associates, Inc.

in which all Justices join.

This is an appeal to determine whether an indemnitor, Fisk Electric Company, must pay attorney’s fees and other expenses incurred by an indemnitee, Constructors & Associates, when the indemnitee is accused of negligence, but not found to be negligent, and the indemnity agreement does not meet the express negligence test. The trial court granted summary judgment in favor of Fisk, finding that the indemnify agreement did not satisfy the express negligence test announced in Ethyl Corp. v. Daniel Construction Co., 725 S.W.2d 705 (Tex.1987), and thus, concluding that…